FOR IMMEDIATE RELEASE

House Bill 2127 Updates for Texas Cities & Municipalities

LEGISLATION UPDATE, August 31, 2023:

HB 2127 was deemed unconstitutional on August 31, 2023. Texas Cities challenged this new law in court, and the Judge ordered that the motion for summary judgment by the cities is granted and declared that HB 2127 is unconstitutional. As a result, THLN advises municipalities NOT to remove any of their local ordinances as a result of HB 2127, especially those related to local animal ordinances! Please share this with your local municipalities and enforcement agencies, and stay tuned for more updates on the constitutionality of HB 2127.

We encourage cities & municipalities to please read before repealing local animal ordinances.

– On June 14, 2023, House Bill 2127 was passed and many questions have come to our attention.

THLN recently learned that cities in Texas are already repealing animal welfare ordinances related to animal businesses. As a result of House Bill 2127, The Texas Regulatory Consistency Act, Texas’ municipalities are preempted from regulating activity under several sections of the Texas code unless that authority is expressly granted under another statute. HB 2127 amends Chapter 229 of the Local Government Code by prohibiting municipalities from adopting or enforcing regulations concerning “the breeding, care, treatment, or sale of animals or animal products, including a veterinary practice, or the business’s transactions if the person operating that business holds a license for the business that is issued by the federal government or a state.”

Sec. 229.901 of the Local Gov’t Code states:

(b)  Except as provided by this subsection, a municipality may not adopt, enforce, or maintain an ordinance or rule that restricts, regulates, limits, or otherwise impedes the retail sale of dogs or cats. A municipality may enforce or maintain an ordinance or rule adopted before April 1, 2023, that restricts, regulates, limits, or otherwise impedes the retail sale of dogs or cats until the state adopts statewide regulation for the retail sale of dogs or cats, as applicable.

THLN ensured there was protection relating to specific animal ordinances already passed, including humane pet store ordinances and the roadside sale of dogs and cats – these ordinances are SAFE if they were passed prior to April 1, 2023. While HB 2127 bars local government from passing future ordinances of this type, pet store ordinances and the roadside sale of animals adopted before April 1, 2023, remain enforceable.

 In other words, if your city has a Humane Pet Store Ordinance or a ban on the sale of animals on public roadways and/or in parking lots, your ordinances are protected so please let your shelter manager, city or county attorney know.

 If you have any questions relating to HB 2127, please email [email protected].

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